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Bugbee & Conkle, LLP Legal Blog

Comp Connection December 2022

Bugbee & Conkle, LLP congratulates April Renner on her promotion to Staff Hearing Officer for the Industrial Commission.  Ms. Renner recently began taking hearings as an SHO in Toledo.  There has been no announcement on whether a new District Hearing Officer will...

The Supreme Court of the United States Blocks OSHA’S ETS Regarding Vaccines but Enforces CMS Mandate

The Supreme Court of the United States rendered a 6-3 opinion enforcing the stay, in other words blocking, OSHA’s Emergency Temporary Standard (ETS) requiring employers of 100 or more employees to enforce a vaccine or test requirement in its entirety. The Court focused on OSHA’s authority to issue such a mandate.  The Court found that the Occupational Health and Safety…

OSHA’s Emergency Temporary Standard Became Effective January 10, 2022 – Is Your Workplace Compliant?

While we are waiting on the Supreme Court to rule on the OSHA Emergency Temporary Standard (ETS) regarding COVID-19 vaccinations, employers must comply with the majority of the OSHA ETS requirements as of this Monday, January 10, 2022. All parts of the OSHA ETS are in full effect, except for the testing requirement for unvaccinated individuals which does not go…

OSHA Emergency Temporary Standard Vaccine Mandate Given the Green Light by the Sixth Circuit: Tips for Employer Compliance

This just in: the Sixth Circuit Court of Appeals has lifted the preliminary injunction that had blocked the Occupational Safety and Health Administration’s (“OSHA”) emergency temporary standard (“ETS”) rule from going into effect. The Sixth Circuit’s decision has been appealed to the United States Supreme Court. The ETS rule applies to all businesses in the United States with at least…

CMS Vaccine Mandate Reinstated for Majority of the United States

The flurry of vaccine mandate litigation continues. We recently wrote on a federal district court’s preliminary injunction blocking the Centers for Medicare and Medicaid Services (“CMS”) mandate across the country.  However, a recent subsequent decision by the Fifth Circuit reinstated the CMS vaccine mandate for the majority of the United States. In the opinion, the Fifth Circuit, per curiam, found…

Federal Court Issue Preliminary Injunctions Blocking the Vaccine Mandate for Health Care Workers Nationwide and for Federal Contractors in a Few States

The end of November brought a flurry of vaccine mandate litigation.  Two federal courts issued preliminary injunctions blocking the Centers for Medicare and Medicaid Services (“CMS”) mandate and the federal contractor vaccine mandate. CMS Vaccine Mandate Blocked Nationwide CMS had issued an emergency regulation requiring COVID-19 vaccination of eligible staff at health care facilities that participate in the Medicare and…

Why the Uber Lawsuit Regarding the ADA Matters for Your Business

On November 10, 2021, the Justice Department filed a lawsuit against Uber Technologies Inc. (“Uber”) alleging violations of Title III of the Americans with Disabilities Act (“ADA”).  The lawsuit, filed in federal court in California, alleges that Uber violated the ADA by failing to modify its wait-time policy.  This lawsuit is one of the many ADA Title III lawsuits filed…

OSHA’s Emergency Temporary Standard for COVID-19 Vaccination Policy

The Occupational Safety and Health Administration (OSHA) published an Emergency Temporary Standard (ETS) in the Federal Register on November 5, 2021.  The ETS requires companies with 100 or more employees to implement a mandatory COVID-19 vaccination policy or require unvaccinated employees to wear facial coverings in the workplace and undergo weekly COVID-19 testing. On November 6, 2021, the 5th Circuit…

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